A. Whoever, within the Osage Nation or any place subject to the jurisdiction thereof, without being permitted to do so as provided in this Act, shall take, possess, sell, purchase, barter, offer to sell, purchase or barter, transport, export or import, at any time or in any manner, any bald eagle, commonly known as the American eagle, or any golden eagle, alive or dead, or any part, nest, or egg thereof of the foregoing eagles, may be assessed a civil penalty by the Osage Nation Attorney General of not more than Five Thousand Dollars ($5,000.00) for each such violation. Each violation shall be a separate offense.
B. No penalty shall be assessed unless such person is given notice and opportunity for a hearing with respect to such violation. In determining the amount of the penalty, the gravity of the violation, and the demonstrated good faith of the person charged shall be considered by the Osage Nation Attorney General. For good cause shown, the Osage Nation Attorney General may remit or mitigate any such penalty. Upon any failure to pay the penalty assessed under this section, the Osage Nation Attorney General may institute a civil action in the Trial Court of the Osage Nation to hear and decide any such action. In hearing any such action, the Court must sustain the Attorney General’s action if supported by substantial evidence. ONCA 15-30, eff. Apr. 16, 2015.